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The Establishment Of Right To Silence System In China

Posted on:2017-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:T Y MaFull Text:PDF
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Nowadays, the Right to Silence has been regarded as one of the standards of illustrating one country's specific democracy and the civilization of rule of law. The goal of protecting human rights and constraining the national authority could be achieved by the Right to Silence, providing a significant way for national public authority becoming more democratic; in addition, the Right to Silence presents particular situations of safeguards in terms of human rights protection in different nations. The majority of countries have already established the system of the right to silence; however, the Right to Silence has not been accepted by China. In my perspective, to further promote the rule of law and building a socialist country ruled by law is consistent with our already top-down approach, and China has already met all the requirements of establishing the Right to Silence in China with regard to the supporting and necessary factors; furthermore, the corresponding systems should be established simultaneously to ensure the Right to Silence be implemented veritably; as a result, the Right to Silence should be established in China.The first chapter: the Right to Silence has been elaborated, and we can get a deeper understanding of this right from the comparison between it and other related concepts. Secondly, the historical process of the right to keep silent is depicted. Finally, analysis the unique values that the Right to Silence has.The second chapter: firstly, to explore the signs of the Right to Silence System in China through the existing legal regulations. Analysis of the current judicial status in China through our specific examples of judicial practices.The third chapter: the development of the Right to Silence system in two law systems is cited to research this system further. Compared the differences between the different law systems with respect to the Right toSilence, and then exercise some useful points as references.The fourth chapter: analyze the circumstances and conditions that Right to Silence system be established, we examine the factors that the establishment of the system must be established.The fifth chapter: To ensure the practical realization of the Right to Silence in China, we need to choose the system mode, and set the exception provisions and some auxiliary systems to support the Right to Silence.
Keywords/Search Tags:the Right to Silence, the presumption of innocence, feasibility, necessity, construction of the Right to Silence
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